Prohibits the release of personal medical records or information without a warrant or express written authorization of the individual

SECTION 2 Amends section 400.02 of the penal Law to provide that notwithstanding any other provision of law to the contrary, neither the state police, the division of criminal justice services, nor any other law enforcement agency or employee thereof shall be permitted access to personal medical records and other medical information other than those records required to sent by the Department of Mental Hygiene without a properly issued warrant, or the express, notarized permission of the individual whose information is sought law enforcement.

SECTION 3 amends subdivision 3 of section 400.00 by adding a new paragraph (c) to provide (i)that an application for a firearms license or the renewal thereof shall not require the applicant to consent to the release of their personal medical records and other medical information, other than records required to be provided by the Department of Mental Hygiene, as a condition of receiving or retaining such license, unless the investigating agency has a reasonable belief that a medical issue exists which would justify the denial of a license pursuant to this section; and (ii)that the state police, the division of criminal justice services, and any other law enforcement agency or employee thereof may request a consent from individuals for the release of their personal medical records or other medical information where such law enforcement agency has a reasonable belief that a medical issue exists which would justify the suspension or revocation for license issued pursuant to this section.

SECTION 4 provides that this act shall take effect immediately after it shall become law.

Purpose and justification

Recently, reports have arisen that law enforcement agencies have obtained medical information which has led them to notify local county clerks that the firearm licenses of identified individuals should be revoked or suspended, and that the individual's firearms should be surrendered. Generally, medical records are confidential under Federal HIPAA laws, and law enforcement officers should not be entitled to search these or any other confidential records without first obtaining a warrant for such searches or permission from the individual whose

records have been accessed. This bill clarifies that the new SAFE Act does not give blanket liberties to law enforcement to search New Yorkers medical records, even those who have legally applied for or been issued a firearm license, without proper due process or permission. In addition, the bill clarifies that no applicant for a firearm license should be required to give a blanket and continuing authorization for law enforcement to access his or her medical records, other than those kept by the Department of Mental Hygiene, as a condition of obtaining or retaining a license, when there is no probable cause to believe that there are any medical issues that might jus tify the refusal, revocation or suspension of such license.

Existing law

Penal Law Article 400 sets forth procedures related to the issuance and renewal of firearm licenses.

Prior legislative history

2013-14 - S.4947 -- CODES

Fiscal implications

None.

Effective date

This act shall take effect immediately; provided however that sections two and three shall take effect on the same date and in the same manner as sections 48 and 49, respectively, of Chapter 1 of the Laws of 2013, take effect.